Current Issues in Qualified Immunity for Law Enforcement Officials
Title 42 U.S.C. § 1983 states: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."
Title 42 U.S.C. § 1983 was enacted in 1871 as part of what was known as the Ku Klux Klan Act. Title 42 U.S.C. § 1983 was enacted in 1871 as part of what was known as the Ku Klux Klan Act and was designed to provide redress for violations of federally protected rights committed by persons acting under color of law. Developments in the Law: Section 1983 and Federalism, 90 Harv. L. Rev. 1133, 1141-56 (1977). In enacting 42 U.S.C. § 1983, Congress created a federal cause of action for the deprivation of any rights, privileges or immunities secured by the Constitution and laws. Town of Castle Rock v. Gonzales, 545
U.S. 748, 125 S. Ct. 2796, 2810, 162 L. Ed. 2d 658 (2005).
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